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United States District Court for the District of Maryland Case 8:18-cv-01041-GJH Document 1 Filed 04/11/18 Page 1 of 42 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ROBYN KRAVITZ, 3606 Stewart Road District Heights Prince George’s County, MD 20747; MICHAEL KRAVITZ, 3606 Stewart Road District Heights Prince George’s County, MD 20747; CATHERINE NWOSU, 8004 18th Avenue Hyattsville Prince George’s County, MD 20783; NNABUGWU NWOSU, 8004 18th Avenue Hyattsville Case No. ____________________ Prince George’s County, MD 20783; JOANNE WILSON, COMPLAINT FOR DECLARATORY 3806 Viser Court AND INJUNCTIVE RELIEF Bowie Prince George’s County, MD 20715; RICHARD McCUNE, 455 West Crawford Street Nogales, AZ 85621; JOSE MORENO, 443 East Ramona Street Box 3293 Somerton, AZ 85350; Plaintiffs, v. UNITED STATES DEPARTMENT OF COMMERCE, Case 8:18-cv-01041-GJH Document 1 Filed 04/11/18 Page 2 of 42 1401 Constitution Avenue NW Washington, DC 20230; UNITED STATES CENSUS BUREAU, 4600 Silver Hill Road Suitland Prince George’s County, MD 20746; WILBUR L. ROSS, JR., in his official capacity as Secretary of Commerce 1401 Constitution Avenue NW Washington, DC 20230; KAREN DUNN KELLEY in her official capacity as the Under Secretary for Economic Affairs, performing the nonexclusive duties of the Deputy Secretary of Commerce, 1401 Constitution Avenue NW Washington, DC 20230; RON JARMIN in his official capacity as an employee of the U.S. Census Bureau performing the non-exclusive functions and duties of the Director of the U.S. Census Bureau, 4600 Silver Hill Road Suitland Prince George’s County, MD 20746; ENRIQUE LAMAS in his official capacity as an employee of the U.S. Census Bureau performing the non-exclusive duties and functions of the Deputy Director and Chief Operating Officer of the U.S. Census Bureau, 4600 Silver Hill Road Suitland Prince George’s County, MD 20746; Defendants. 2 Case 8:18-cv-01041-GJH Document 1 Filed 04/11/18 Page 3 of 42 INTRODUCTION 1. On March 26, 2018, in an abrupt reversal of 60 years of policy and practice, U.S. Secretary of Commerce Wilbur L. Ross, Jr., ordered the U.S. Census Bureau (the “Bureau” or “Census Bureau”) to add a question to the 2020 decennial census (“2020 Census”) questionnaire that requires respondents to report to the government whether they and their household members are United States citizens. Coming amidst what the Bureau itself has identified as a widespread climate of fear among citizen and noncitizen immigrants, the belated addition of a citizenship question will significantly depress response rates in certain communities, thereby undermining the completeness and accuracy of the 2020 Census. The Secretary insisted on the addition of a citizenship question despite expressly conceding that it could lead to a disproportionate undercount and without having conducted a single test, in almost seven years of pre-Census preparation, to assess the impact that a citizenship question would have on the accuracy of the census count. 2. The Secretary’s action violates the paramount constitutional objective of the decennial census—to count every person residing in the United States, citizen and noncitizen alike. It also contravenes binding legal requirements and the Bureau’s own policies and procedures for ensuring an accurate and complete census count. Defendants’ action not only violates the Census Clause of the U.S. Constitution, as amended by the Fourteenth Amendment, but also must be set aside under the Administrative Procedure Act (“APA”) as arbitrary, capricious, an abuse of discretion, and otherwise in contravention of applicable law. 3. Plaintiffs—individual citizens residing in Prince George’s County, Maryland and the State of Arizona—bring this action under the Constitution and the APA to block this unlawful assault on the integrity of the decennial census and to prevent the harm that 3 Case 8:18-cv-01041-GJH Document 1 Filed 04/11/18 Page 4 of 42 each of the Plaintiffs will suffer if this final agency action taken by the U.S. Department of Commerce (the “Commerce Department” or “Department”) is permitted to stand. 4. The U.S. Constitution requires the federal government to conduct a decennial census counting the total number of “persons”—regardless of citizenship status— residing in each state. The population data collected through this decennial census determines the apportionment of seats in the U.S. House of Representatives among the states. States also use these data to draw congressional and state legislative districts. And over $675 billion in federal funding for a wide array of programs is allocated to individual states and localities every year based upon decennial census data. 5. From 1960 until March 26, 2018, the Bureau had steadfastly determined, in census after census, not to ask about citizenship status on the standard census questionnaire used to count all persons in the United States. Bureau personnel have repeatedly found that such a question was unnecessary to count total population and would undermine the accuracy and completeness of the census by causing disproportionate levels of non-participation among certain demographic groups. 6. As a federal statistical agency within the Commerce Department, the Census Bureau is held to stringent regulations on impartiality, objectivity, and statistical reliability, requiring decisions about census content and collection methodologies to be insulated from political considerations and based on rigorous pre-testing. The Census Bureau is nearly seven years into the preparation process for the 2020 Census and has already completed numerous tests to inform the final content, design, and operation of the 2020 Census. 7. None of the testing for the 2020 Census to date has evaluated the impact of a citizenship question on response rates to the 2020 Census questionnaire, or on the accuracy 4 Case 8:18-cv-01041-GJH Document 1 Filed 04/11/18 Page 5 of 42 and completeness of 2020 Census data. The final pre-census test, a “dress rehearsal” that is the culmination of the Bureau’s research and testing efforts, is now underway and will not assess the impact of a citizenship question. 8. The Secretary’s last-minute decision to add a citizenship question—which reportedly overruled both top Bureau officials and the Bureau’s own scientific advisory committee—was purportedly made to satisfy a belated December 2017 request from the Department of Justice (“DOJ”), which claimed that it needed “census block”-level citizenship data to enforce Section 2 of the Voting Rights Act (“VRA”). The DOJ’s claim, however, had no valid foundation. In over half a century of the VRA’s existence, census block-level citizenship data have never been available to or used by the government to enforce Section 2, nor have Congress or the courts required such data. 9. In reality, the VRA rationale is a mere pretext. The circumstances of the Secretary’s decision show that the addition of an untested citizenship question is a partisan act aimed at advancing the Trump Administration’s anti-immigration political agenda, heedless of legal requirements. Even before the Secretary announced his decision, President Trump’s reelection campaign sent a mass email declaring that the President “wants the 2020 United States Census to ask people whether or not they are citizens” and asking “if you’re on his side.” Within two days of the Secretary’s decision, the Trump campaign sent out another mass e-mail asserting that President Trump had personally “mandated” the decision and soliciting political support on that basis. 10. As the Bureau’s own prior research and investigation demonstrate, Defendants’ reckless addition of a citizenship question to the 2020 Census questionnaire will increase fear and distrust, depress response rates, and produce a disproportionate undercount of 5 Case 8:18-cv-01041-GJH Document 1 Filed 04/11/18 Page 6 of 42 residents in states and localities with high numbers of certain demographic groups, including noncitizens, immigrants, non-English speakers, and individuals of Hispanic or Latino origin. This undercount will have harmful, decade-long effects for everyone who lives in these communities—citizens and noncitizens, native and foreign-born. Voters will be denied their constitutionally guaranteed rights to equitable political representation based on actual population, and billions of dollars in federal funding—for education, infrastructure, health care, and countless other pressing needs—will be unlawfully misallocated. 11. The 2020 Census must be carried out in accordance with the highest standards of statistical reliability, accuracy, and completeness, to ensure that the Constitution’s mandate to conduct an “actual Enumeration” of all “persons” is fulfilled. Plaintiffs bring this action to enjoin Defendants’ unlawful action and prevent severe injuries to themselves and to innumerable other citizens and noncitizens in states and localities across the country. JURISDICTION AND VENUE 12. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1343 over Plaintiffs’ claims arising under the U.S. Constitution and federal statutes. An actual controversy exists between the parties within the meaning of 28 U.S.C. § 2201(a), and this Court may grant declaratory relief, injunctive relief, and other relief against the Defendants pursuant to 28 U.S.C. §§ 2201-2202 and 5 U.S.C. §§ 705-706. 13. Defendants’ decision to add a citizenship question to the 2020 Census, see Ex. 1, and its submission of the final census questions to Congress on March 29, 2018, see Ex. 2, constitute final agency action that is judicially reviewable under the Administrative Procedure Act (“APA”). 5 U.S.C. §§ 704, 706. 14. Venue is proper under 28 U.S.C. §1391(e)(1). First, Defendants United States Census Bureau, Ron Jarmin (in his official capacity), and Enrique Lamas (in his official 6 Case 8:18-cv-01041-GJH Document 1 Filed 04/11/18 Page 7 of 42 capacity) reside in Prince George’s County within this District.
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